TOP OF UTAH SNOWMOBILE  
CLUB NEWSLETTER FOR

January 2006      

We reported in our last newsletter that the Forest Service met with both the Motorized and Non-Motorized groups to arbitrate an equitable use corridor in the Tony Grove area for both groups. There were some ground rules that were set in the beginning to come up with opportunity to minimize conflict and set some boundaries. As we reported, the Forest Service could see that the plan presented by the Motorized group would result in a more equitable allocation and opportunity for reduced conflict.

However, after both the Motorized and Non-motorized groups agreed to go through the arbitration process and the subsequent decision made by the Forest Service in favor of the Motorized users plan, the Non-motorized user groups have joined in a suit against the Forest Service. The content of that suit is outlined in the following bulletin posted on the Bear River Watershed Council website encouraging their members to donate money to support the lawsuit (http://www.brwcouncil.org/html/MUD/FranklinBasinLitigation.htm)

 Four organizations including three from Cache County filed suit against the U.S. Forest Service on Thursday, December 15 in U.S. District Court, seeking to restore a non-motorized closure in an area known as the Franklin Basin in northern Utah. The original closure was part of an updated Wasatch Cache National Forest 2003 Forest Plan.

The suit, filed by Nordic United, Bridgerland Audubon Society, Winter Wildlands Alliance and Bear River Watershed Council, was prompted by a Forest Service decision made behind closed doors in July 2005 that cut by over half the area in Franklin Basin originally set aside for non-motorized recreation. The suit alleges that the agency acted inappropriately and illegally to change the newly released Forest Plan without soliciting public input or revealing the impacts of opening this unique area to motorized winter use by snowmobiles. Such actions are direct violations of the Federal Advisory Committee Act and the National Environmental Policy Act, the groups say.

"The Forest Service broke the law by not allowing public input with their 2005 decision," commented Wally MacFarlane, President of Nordic United, a local group dedicated to promoting local non-motorized winter recreation. "The elimination of a substantial winter non-motorized area without fully revealing the impacts and including the public is contrary to laws requiring informed management of our National Forests. The Forest Service failed to uphold its responsibilities and their own rules to protect non-motorized users. Our groups have exhausted every avenue to correct these mistakes and have no further recourse," he said.

"The groups involved in this suit have participated with openness and good faith in the Forest Service planning process," said Sally Ferguson, Grassroots Programs Director for Winter Wildlands Alliance, a national human-powered snowsports advocacy group. "To have an agreed-upon decision to close the area to non-motorized use reversed behind closed doors at the eleventh hour is unacceptable."

"All we are asking is a fair and equitable sharing of the national forest. To experience quiet, and solitude in America's forests, with our families, is a legitimate and reasonable expectation." said Dan Miller, Executive Director of Bear River Watershed Council.

In order to manage the growing demand and conflicts between non-motorized and motorized winter recreationists, the Forest Service made a Record of Decision, or ROD, in 2003 closing 9,000 acres to snowmobile use. The Forest Service made their decision after considering thousands of comments and professional analysis concerning the conflict. For decades backcountry skiers and snowshoers have traditionally utilized this area, the 1% set aside by the ROD.

Snowmobilers who were unhappy with the 2003 closure pressured the agency to change their decision. The Forest Service began meeting with both interests in 2004 and again in 2005. The meetings resulted in the Forest Service's July 2005 adoption, in violation of federal law, of the snowmobiler's proposal to open about half of the 9000 acres to motorized use.

"Public forests are for the public, not a few motorized users. The Forest Service took a positive step by protecting 1% of the entire Forest for non-motorized winter recreation," said Bryan Dixon, Conservation Chair of Bridgerland Audubon Society. "We're only litigating to make Forest Service administrators listen to the public. It only makes sense to protect areas like the lower reaches of Franklin Basin that are within walking distance of trailheads," he said.

The groups are clear in that they "are not litigating against the motorized users but the Forest Service who did not comply with either the letter or the spirit of the law," Miller said. "They have now acted in total disregard toward their own planners and public contributions to the original plan.   We hope that this lawsuit will result in fair and open decisions regarding winter recreation in our National Forest."

As you can summarize from this bulletin, the real intent of the Non-Motorized groups is to secure “public lands” for themselves, while at the same time closing the public lands to the Motorized public. This contradiction is clearly noted by Bryan Dixon with the Audubon Society when he said: "Public forests are for the public, not a few motorized users. The Forest Service took a positive step by protecting 1% of the entire Forest for non-motorized winter recreation," …It might be noted that a majority of the area in the Cache National Forest is actually already closed to motorized access and use, while the non-motorized groups actually have 100% of the forest for their own use.

As a result of this lawsuit, the Non-Motorized groups have formed a group that is “watching” every move we make in the National Forest. They are photographing you when you pass them on the trail as well as photographing your tracks if you dig down to earth. They have been in the location of the snow road looking for "wildlife" closure violations as well as any tracks into their closed area (Bunch Grass).

There have been incidents where a few skiers have "baited" snowmobilers.  We need to take our own cameras and get photos of these people "blocking the trail" forcing you to go around them. We need photos of them if they swing a pole or are holding their noses etc., as you pass. Take your cameras, photograph them in these situations and note the time, place and day. Get the information back to the club leaders above (or Garth Barker at Whitepine Gallery on South Main street).  This has to be done in a very non confrontational way…DO NOT RETURN ANY ACTION THAT THESE PEOPLE BEGIN NOR INSTIGATE THE CONFRONTATION. YOU MUST BE PATIENT AND CALM. Simply take a picture of them as well, and do not say anything back to them. As hard as it may seem, we need to remain friendly and courteous. WE NEED TO KEEP A COOL HEAD THROUGH THIS ORDEAL.